Noxious Weed Responsibilities
In 1989, the Nebraska Legislature approved amendments to the Nebraska Noxious Weed Control Act with the passage of LB 49. The revisions made to the Noxious Weed Control Act went into effect on November 1, 1989. The Noxious Weed Control Act defines and places specific responsibilities for noxious weed control on landowners, individual counties, and the State of Nebraska.
It is the duty of each person who owns or controls land to effectively control noxious weeds on such land.
The Noxious Weed Control Act defines county board as being a board of commissioners or supervisors.
The duties of the county board, as stated in the Noxious Weed Control Act, include:
- Employing one or more weed control superintendents.
- Establishing a tax levy each year for the purpose of paying the expenses authorized to be paid from the noxious weed control fund.
- Providing for a hearing for any person who is dissatisfied with the amount of any charge made against him or her by a control authority for control work performed.
The Noxious Weed Control Act defines control authority as being the county weed district board or the county board of commissioners or supervisors. The Noxious Weed Control Act establishes a procedure for the voters of each county to determine if they want the Noxious Weed Control Act to be administered by the county board or by an independently elected body, referred to as the county weed district board.
Duties of the control authority include:
- Administering the Noxious Weed Control Act at the county level.
- Establishing a coordinated program for control of noxious weeds within the county.
- Providing for a public hearing for any landowner who has been served an individual notice who questions the existence of an uncontrolled noxious weed infestation on such landowner's property.
- Causing proper control methods to be used on noxious weed-infested land when the landowner fails to control such noxious weeds.
- Issuing individual notices to landowners.
- Notifying the county attorney when the landowner fails to take action on controlling the noxious weeds on the specified property.
- Causing notice to be filed with the register of deeds of possible unpaid weed control assessments against the property upon which control measures were used.
County Weed Superintendent:
The county weed superintendent duties include:
- Being certified, in writing, by the Nebraska Department of Agriculture as a commercial applicator.
- Examining all lands under the jurisdiction of the control authority to determine if the Noxious Weed Control Act and the rules and regulations are being complied with.
- Compiling infestation data and other reports as the Director of Agriculture or control authority may require.
- Supervising and carrying out the coordinated control program within the county.
- Completing 20 hours of continuing education, annually.
- Ascertaining and tabulating the approximate amount and location of land infested with noxious weeds in the county, annually.
- Ascertaining and preparing information required by the county board for preparation of the county budget.
The duties of the county attorney include initiating the appropriate proceedings to be instituted and pursued in the appropriate court against landowners who have failed to comply with the noxious weed law.
Duties of the attorney general include the filing of an action against the control authority when they fail or refuse to comply with instructions provided to them by the Director of the Nebraska Department of Agriculture.
Director of Agriculture:
The duties of the Director and the Nebraska Department of Agriculture include:
- Designating which plants are to be considered noxious weeds, and the measures to be used for control of such weeds.
- Monitoring the implementation of the Noxious Weed Control Act by the county control authority.
- Convening the Nebraska Noxious Weed Advisory Committee.
- Adopting and promulgating rules and regulations necessary to carry out the Noxious Weed Control Act.
- Investigating the subject of noxious weeds.
- Requiring information and reports from the county weed control authorities concerning the presence of noxious weeds.
- Cooperating with federal and state agencies in carrying out the duties of the Noxious Weed Control Act.
- Advising and conferring as to the extent of noxious weed infestations and the methods best suited for controlling these weeds.
- Calling and attending meetings and conferences dealing with the subject of noxious weeds.
- Disseminating information and conducting educational campaigns regarding the control of noxious weeds.
- Employing personnel necessary to carry out the Director's duties and responsibilities.
- Determining if the control authorities are carrying out their duties and responsibilities regarding the implementation of a county weed control program.
The Noxious Weed Advisory Committee Members:
Leafy Spurge Working Task Force
Nebraska Department of Roads
Board of Educational Lands and Funds
Nebraska Weed Control Association
Nebraska Fertilizer and Ag Chem Association
Nebraska Association of Resource Districts
Nebraska Game and Parks Commission
University of Nebraska, IANR, Agronomy Department
Nebraska Cattlemen Association
Society of Range Management
Nebraska Aviation Trades Association
U.S. Forest Service/Pine Ridge Ranger District
Noxious Weed Regulations